Cross-Exam: Chapter 8

Questions on cross-exam are verbal requests for admissions
A lawyer who repeatedly and predictably performs solid, understandable cross-exam is a great cross-examiner
Rule 1:  Leading Questions Only
– leading questions allow the cross-examiner to become the teacher
– use short declarative questions
– avoid words that give control to the witness (who what, when, where, how, why, explain)
Rule 2:  One New Fact Per Question
– vague words do not count as facts
– fix vague question by isolating the fact in dispute
– more detail the better
– be wary of answers that are “close enough”
– facts, not conclusions, persuade
– conclusions and opinions are not facts
Rule 3:  Break Cross-Examination Into a Series of Logical Progressions to Each Specific Goal
– proceed from very general to specific goal
– the more difficult the witness the more general the chapter must start
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Filed under Cross-Examination: Science and Techniques by Pozner & Dodd

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